In a new twist to the statue controversy faced by the Mayawati government, the Election Commission on Wednesday moved the Supreme Court complaining that her administration has adopted “defiant and uncooperative” stance on giving details about the installation of the statues of the chief minister and Bahujan Samaj Party’s election symbol — Elephant — in memorial parks in Uttar Pradesh.
The EC, which on February 22 was directed by the Supreme Court to examine whether the installation of Mayawati’s and the elephant statues had violated the election laws by the Bahujan Samaj Party, in its petition sought a fresh direction to the state government to supply the poll panel the requisite information as sought in its two letters of March 3 and March 23.
Placing on record a series of correspondence of EC secretary K.F. Wilfred and other officers with Uttar Pradesh chief secretary Arun Kumar on the issue, the Election Commission said though the apex court had given three months’ time for deciding the matter, “the commission is handicapped by the defiant and uncooperative stance of the state of Uttar Pradesh.” The poll panel, which also had sought “video recording” of all the installed statues, has said that instead parting with the information, the Mayawati government has questioned the poll panel’s “jurisdiction” to go into the matter.
Election Commission counsel Meenakshi Arora in the petition pointed out that the state chief secretary in his reply had stated that “the commission has no jurisdiction to ask for any information, even if that is vitally relevant and material for deciding such a disputes, during non-election period.”
While referring to its powers under Article 324 of the Constitution, the poll body has submitted that it was fully competent to issue such orders to any political party at any time to ensure “smooth conduct of elections, reservation and allotment of symbols as it is one of the several stages of the election process.”
EC secretary K.F. Wilfered in his first letter of March 3 had sought four-point details from the UP chief secretary; the number of parks or public places where statues of Mayawati and the elephant have been erected, how many statues have been installed in each park or public place, the approximate cost on their installation and supply of photographs and video recording of all of them.
Chief secretary Kumar in his letter of April 3 told the EC, “I am directed to say that the primary question is whether the EC has the authority to seek information form the state government to conduct the investigation in the question. I have been directed to request that first of all the above issue (jurisdiction) should be decided.”